Gérard V. La Forest

The trustee in bankruptcy appealed a decision finding that a late payment made by the bankrupt company to a creditor was not a fraudulent preference.

The Supreme Court of Canada dismissed the appeal, holding that the payment was made in the 'ordinary course of business' under s. 73 of the Bankruptcy Act.

The Court determined that 'ordinary course of business' must be assessed based on the circumstances of each case, including the business relationship between the parties and industry standards.

In this case, late payments were normal between the parties and standard in their industry.

The appellant appealed his conviction for uttering a threat of death by telephone.

He had telephoned police headquarters and threatened a police officer.

The issue was whether these telephone calls constituted 'private communications' under s. 178.1 of the Criminal Code.

The Supreme Court of Canada dismissed the appeal, holding that a message to a police station to convey a threat to a police officer cannot reasonably be considered a private communication.